Civil rights case vs. Zimmerman won't be simple

[dipsydoodle]

WASHINGTON (AP) -- Calls for the Justice Department to look into the shooting death of Trayvon Martin reverberated as soon as George Zimmerman was acquitted of state charges in a Florida courtroom, but it may be even tougher to mount a federal case against Zimmerman.

The department says it's reviewing evidence to determine whether criminal civil rights charges are warranted, but legal experts see major barriers to a federal prosecution - including the burden of proving that Zimmerman, the former neighborhood watch leader, was motivated by racial animosity - and say Justice officials would likely be saddled with some of the same challenges that complicated the unsuccessful state case.

"The Justice Department would face significant challenges in bringing a federal civil rights case against Mr. Zimmerman," said Alan Vinegrad, the former U.S. Attorney in the Eastern District of New York. "There are several factual and legal hurdles that federal prosecutors would have to overcome: They'd have to show not only that the attack was unjustified, but that Mr. Zimmerman attacked Mr. Martin because of his race and because he was using a public facility, the street."

The department opened an investigation into Martin's death last year but stepped aside to allow the state prosecution to proceed. It said in a statement Sunday that the criminal section of its civil rights division, the FBI and federal prosecutors in Florida are continuing to evaluate the evidence generated during the federal investigation, plus evidence and testimony from the state trial. The statement came as the NAACP and others called on the Justice Department to open a civil rights case against Zimmerman for the shooting death of the unarmed black 17-year-old.

http://hosted.ap.org/dynamic/stories/U/US_NEIGHBORHOOD_WATCH_JUSTICE_DEPT?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2013-07-15-03-28-32

[Morganfleeman]

1. Public facility requirement

Doesn't apply here. The relevant statute is 18 USC 249, which is the hate crimes law passed a few years ago.

(a) In General.—
(1) Offenses involving actual or perceived race, color, religion, or national origin.— Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person—
(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—
(i) death results from the offense; or
(ii) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.

So that fact that it occurred in a gated community doesn't matter. However, proving the racial animus would be difficult beyond a reasonable doubt, hence I don't see the Feds bringing a prosecution. The prosecution in this case couldn't even prove the requisite ill will, spite or hatred to sustain a Murder 2 conviction, so proving that Zimmerman killed Martin directly as a result of his race would be an even higher threshold than ill will or spite.

To boot, the Feds will still have to disprove self defense and the jury would be composed of 12 jurors, not 6, which is even more beneficial to the defendant. Let's not forget that the DOJ also looked into the Sean Bell case but pressed no charges because they did not feel they could prove their case beyond a reasonable doubt. This is what you will likely see here. I can't see the DOJ bringing a case with a low probability of success.

[CakeGrrl]

2. Bring it anyway.

Hound the paranoid asshole. Make him sweat in fear of punishment as long as possible.

[Seeking Serenity]

6. Malicious prosecutions? Abuse of process?

Are these actions you want our government engaging in?

Eek.

[Cha]

3. I hope there is a way found. It may not be clear now

but, you never know until you try.

[badtoworse]

4. There isn't going to be a federal charge against Z

The FBI investigated and found no evidence of racism. Z is not a government official and a jury has ruled he acted in self defense.

What would you charge him with?

[customerserviceguy]

5. Many here seem to think

that profiling itself is a crime. I see that word show up in lot of the posts of those who want GZ to spend the rest of his life in prison or worse.

[chelsea0011]

7. It has been reported and Lisa Blume even said it, that

Zimmerman called the police 46 times to report suspicious people in the neighborhood and every single time it was to report a black person. That is an astounding fact if it is true and I haven't read anywhere that it can be corroborated. I even read somewhere here that one person he reported was 7 year old child. Really? I know when I see a child all I think I'm seeing is a child. Zimmerman still sees a suspect.

[pintobean]

8. Here's a link to a list

of the calls, with a brief description of each.

http://www.thedailybeast.com/articles/2012/03/22/george-zimmerman-s-history-of-911-calls-a-complete-log.html

[chelsea0011]

9. Thanks. Interesting list in that a couple are people looking for money from Zimmerman

and he calls the police on them. And has anyone told him to call the DPW over potholes?